prdgl
02-10 09:43 PM
Hi,
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).
Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.
So if i switch now, I will
1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
2. I get a very good attorney to file my GC
3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)
If I don't switch, my odds are that
1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
2. Can't talk to the attorney directly
So IS IT WORTH switching the employer for
1. Gettting into EB2
2. Getting a good attorney to file my LC
3. Be able to talk to attorney directly
Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?
Thanks
I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).
Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.
So if i switch now, I will
1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
2. I get a very good attorney to file my GC
3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)
If I don't switch, my odds are that
1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
2. Can't talk to the attorney directly
So IS IT WORTH switching the employer for
1. Gettting into EB2
2. Getting a good attorney to file my LC
3. Be able to talk to attorney directly
Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?
Thanks
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anoopraj2010
07-30 11:11 PM
First of all, lets hope nothing happens to you. At this time i suggest waiting, something might come up later this year or early next year with reference to making use of unused visa numbers, if this happens, your wifes date will become current and her I-485 will get approved. Unfortunately the petition dies with the petitioner. However in the case of family based I-130 petitions, The Attorney General may in his discretion reinstate the approval of your family-based visa. The Attorney General may exercise favorable discretion where "for humanitarian reasons revocation would be inappropriate." 8 C.RR. Sec. 205.1(a)(3)(i)(C).
Thank you for your valuable input.
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.
Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?
Congressman can't help in ending this "humanitarian" trauma while I am still alive?
Thank you for your valuable input.
So in other words, visa numbers for the entire family are NOT assigned right away with the family if one has to go for an interview. The worst part was that the interview was due to a missing medical which was filed by us but misplaced by USCIS.
Re. 8 C.RR. Sec. 205.1(a)(3)(i)(C) is for Family based visa, hers is EB based (piggy backing on mine) Does this mean I should really consider filing a 130 to convert to family based?
Congressman can't help in ending this "humanitarian" trauma while I am still alive?
md_alien
10-07 01:20 PM
If you have an international driving license/permit, you can get a full MD license on its basis. I believe you only have to give a written test and a driving test. No drivers ed. etc. Probably you might have to take a Drug and Alcohol test too but thats not a big hassle.
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sathyaraj
11-02 10:18 AM
Internet - In either case, it helps EB3 for the next yr as these 61,000 nurses are removed from EB3 quota.
Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.
Recapture of GC numbers by nurses will help EB3 is a false belief.
Recapture of GC by nurses will first take away EB3 greencards from the usual annual quota and once finished, they will go to taking the 61K quota. (Read the provison and previous rule followed in allotment of 50K visas in 2005)
Who will be hurt the most?
India and China because they are oversubscribed countries to some extent ROW. So nurses will get priority in the limited quota of these countries and once the quota is finished, they will go on to take the 61K quota. This will hurt regular EB3 people as their quota is exhausted. This is one of the many reasons why dates for india are so far backlogged.
If government really wants to help nurses then they should probably give them extra H1B visas or J1 viisas or something. They should not be giving them direct greencards meant for regular EB3 folks and denying EB3 folks waiting in line for a long time.
This is happening because of the strong nurses lobby and bodyshoppers who bring in the nurses directly on greencards.
Go talk to foriegn nurses and they will tell you more about bodyshoppers.
Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.
Recapture of GC numbers by nurses will help EB3 is a false belief.
Recapture of GC by nurses will first take away EB3 greencards from the usual annual quota and once finished, they will go to taking the 61K quota. (Read the provison and previous rule followed in allotment of 50K visas in 2005)
Who will be hurt the most?
India and China because they are oversubscribed countries to some extent ROW. So nurses will get priority in the limited quota of these countries and once the quota is finished, they will go on to take the 61K quota. This will hurt regular EB3 people as their quota is exhausted. This is one of the many reasons why dates for india are so far backlogged.
If government really wants to help nurses then they should probably give them extra H1B visas or J1 viisas or something. They should not be giving them direct greencards meant for regular EB3 folks and denying EB3 folks waiting in line for a long time.
This is happening because of the strong nurses lobby and bodyshoppers who bring in the nurses directly on greencards.
Go talk to foriegn nurses and they will tell you more about bodyshoppers.
more...
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jchan
05-14 05:26 PM
Didn't the last recapture of visas (AC21) happen in 2000, an election year ? Also H1B law was modified to include 20000 visas for US Masters students during 2004. Actually, history is in our favor.
I was about the say the same thing. I still remember vividly when the 20k new H1B was made available and the nervous waiting for that to be implemented back then. Whew, can't believe it's been 4 years an I am still stuck in this same old waiting game.
I was about the say the same thing. I still remember vividly when the 20k new H1B was made available and the nervous waiting for that to be implemented back then. Whew, can't believe it's been 4 years an I am still stuck in this same old waiting game.
paskal
11-09 03:43 PM
What main theme do you expect for probable resume?
if you have a resume, we'll just ask you to send it along
as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
we are not really interested in your GPA (superlative as i'm sure that is!) :D
if you have a resume, we'll just ask you to send it along
as i said it's only purpose is to see if we can identify and match skillsets for various action itmes/iv roles/work groups. sometimes some things come up and we find great matches that way...
we are not really interested in your GPA (superlative as i'm sure that is!) :D
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lacrossegc
06-25 01:19 PM
IMHO The problem will arise with USCIS only if the employer does not pay AT ALL ... delayed/irregular payments (as long as they meet the proffered wage on the LCA) should be fine. Not paying at all will be a serious breach of contract and the employers will be in serious trouble for doing that ....
What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.
Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.
I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.
What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.
Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.
I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.
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ggc
10-19 12:56 PM
Yes, but the field office is National Benefits Center in Missouri.
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asdfred
10-16 05:03 PM
duties matter..but, if your title is so different..they cannot be..this can be an issue..especially managerial duties involve managing resources which is very different to a developer..talk to your attorney if he can make it happen..i would do whatever the attorney says.
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priti8888
01-08 03:55 PM
Is there any relation between biometrics and the final green card approval time?
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
not true. You can be approved only if your PD is current.
I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.
Is that the case?
not true. You can be approved only if your PD is current.
more...
humsuplou
12-01 07:14 PM
Thanks for the input.
I actually went to my appoitnment this morning at my local uscis office, the lady was nice. but i was told that the hospital letter need to state what are my granma's sickness instead just sayong terminally ill. and she had me to go back with a new letter tomorrow, and if her supervisor approves it, I will get it right away.
just some info to share.
wish me luck!
I actually went to my appoitnment this morning at my local uscis office, the lady was nice. but i was told that the hospital letter need to state what are my granma's sickness instead just sayong terminally ill. and she had me to go back with a new letter tomorrow, and if her supervisor approves it, I will get it right away.
just some info to share.
wish me luck!
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pappu
06-08 10:37 AM
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Bumping it up. This is the most important action ite we can take part in. Please contribute if you have not contributed to this drive yet.
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drirshad
06-09 02:46 AM
Some countries require transit visa like UK for even changing flight but going through Germany do not require such a visa for EAD holders, you should contact the local consulate for B-1 holders.
Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.
Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.
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anilsal
01-14 12:04 PM
I filed another 485 which was family based and is current now.... I had to withdraw my employment based 485 because one cannot have 2 485s at the same time.
Thanks again to everyone for the suggestions.
Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.
So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.
You would have saved filing fees and medical fees.
But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.
Thanks again to everyone for the suggestions.
Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.
So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.
You would have saved filing fees and medical fees.
But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.
more...
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asterix
02-17 10:13 PM
All, Help me understand this.
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued and Adjustments of Status Subject to Numerical Limitations (by Foreign State Chargeability): Fiscal Year 2006
If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
06 -10.7k
05 -46K
04 - 39k
03 - 20k
02 - 41k
01 - 41k
Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
Under each link look for - Immigrant Visas Issued and Adjustments of Status Subject to Numerical Limitations (by Foreign State Chargeability): Fiscal Year 2006
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GCBy3000
06-14 05:02 PM
yes it is like that all these years, but atleast now I hope them to use their idle and rusty brain.
There are tons of people with approved 140 with 2006/2007 PD. Even if they process they will not be in the position to grant GC to these people due to lack of visa numbers. So I hope they sort it out and process the applications based on PD.
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
There are tons of people with approved 140 with 2006/2007 PD. Even if they process they will not be in the position to grant GC to these people due to lack of visa numbers. So I hope they sort it out and process the applications based on PD.
The applications themselves are processed by receipt date but the approval still depends on your PD.Someone correct me if I am wrong...
more...
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kmdhar
10-12 04:09 PM
Here is my recent experience. I have only 2yrs out of 6yrs of H1B.Recently i applied for extension(applied for 3yrs instead of 2yrs based on approved 140) and received RFE from USCIS and asked for approved copy of 140. We send it and got the approval.
Thanks
Thanks
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ashkam
09-25 11:12 AM
Good find - shows the plight of legal immigrants.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
They are counting the time from when the green card process is started. Doesn't matter when you entered the US.
A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".
On the whole it shows the reality of legal immigration and its waiting times.
They are counting the time from when the green card process is started. Doesn't matter when you entered the US.
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ras
10-13 09:09 PM
All 3 - checks cashed on Oct 11. I got the reciept no.s on the back of the checks. When can I expect to recieve the notices? I am planning travel by the end of this month. Is that OK to travel with just the reciept no's or do I need to have the reciept notices with me. Also I have a valid H1 visa till 2009. Advice greatly appreciated.
same_old_guy
08-01 10:37 PM
Are you generating the receipt numbers yourself ? :D
i guess they are already issuing receipt number for I485 received aug. 1, 2007. so where is mine????
Receipt Number: lin07223500XX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On August 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
EAD:
Receipt Number: lin0722353XXX
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Case received and pending.
On August 1, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
i guess they are already issuing receipt number for I485 received aug. 1, 2007. so where is mine????
Receipt Number: lin07223500XX
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and pending.
On August 1, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
EAD:
Receipt Number: lin0722353XXX
Application Type: I765, APPLICATION FOR EMPLOYMENT AUTHORIZATION
Current Status: Case received and pending.
On August 1, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Aah_GC
06-17 03:52 PM
What my Attorney (Prashanti Reddy - who does free sessions on IV) said
This is exactly right, if your I140 is revoked, you might as well get a NOID. So, make sure you keep all your GC-sponsored employer's releiving letter, paystubs for the post 180 days of I485 application. That is the only proof that you were employed legally with the GC-sponsoring employer for that 180 day period.
On the AC21 - technically even if you are unemployed and yet have a similar / same job waiting for you, you should still end up getting your GC. I would strongly recommend to make the best use of AC21 and progress in your career.
This is exactly right, if your I140 is revoked, you might as well get a NOID. So, make sure you keep all your GC-sponsored employer's releiving letter, paystubs for the post 180 days of I485 application. That is the only proof that you were employed legally with the GC-sponsoring employer for that 180 day period.
On the AC21 - technically even if you are unemployed and yet have a similar / same job waiting for you, you should still end up getting your GC. I would strongly recommend to make the best use of AC21 and progress in your career.
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